Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Pat) 47

IN THE HIGH COURT OF JUDICATURE AT PATNA
R.M. DOSHIT AND AHSANUDDIN AMANULLAH, JJ.
Anil Kumar, S/o Sri Bodhnaraya Yadav - Petitioner-Appellant
Versus
The State of Bihar & Ors. – Respondents/Respondents
Letters Patent Appeal No.1276 of 2012 With Interlocutory Application No.5461 of 2012
Decided on: 10-1-2013

Advocates:
Advocate Appeared:
For the Appellant:Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Mukesh Kumar Singh, Advocate
For the Respondent State: Mr. Rajiv Kumar Singh
For the Respondent CSBC: Mr. Sanjay Pandey

Failure to produce the required certificate for claiming a particular category does not entitle the appellant to be treated as belonging to that category.

Headnote:
Delay Condonation - Appointment Dispute - The court condoned the delay in filing the appeal and dismissed the appeal in limine, upholding the rejection of the appellant's contention regarding his appointment as a constable.
Fact of the Case:

The appellant sought appointment as a constable in Bihar Military Police/Bihar Police, claiming to belong to a Backward Class community but failing to produce the required certificate. The learned single Judge rejected the contention and dismissed the writ petition.
Finding of the Court:

The court found no merit in the appellant's contention and dismissed the appeal in limine.
Issues: The main issue was the appellant's claim to be treated as a Backward Class candidate despite not producing the required certificate.
Ratio Decidendi: The court upheld the rejection of the appellant's contention and found no case for interference.
Final Decision: The appeal was dismissed in limine.

ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

Interlocutory Application No.5461 of 2012:

1. The delay of 246 days occurred in filing the Letters Patent Appeal is condoned.

2. Interlocutory Application stands disposed of.

Letters Patent Appeal No.1276 of 2012:

3. Feeling aggrieved by the order dated 12th July 2011 made by the learned single Judge in C.W.J.C. No. 1953 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

4. The appellant approached this Court under Article 226 of the Constitution for a direction to the respondent State of Bihar to appoint the appellant as a constable. According to the appellant, pursuant to the advertisement published on 11th December 2009, he had applied for appointment as constable in Bihar Military Police/Bihar Police. The appellant applied for such appointment as Extremely Backward Class candidate but he could not produce the certificate of Extremely Backward Class. His candidature was, therefore, rejected. Before the learned single Judge the appellant raised the contention that since he belonged to a Backward Class community and had produced the certificate to that effect, the respondents should have considered his case as a Backward Class candidate. The learned single Judge has rejected the contention and has dismissed the writ petition. Therefore, this Appeal.

5. There is no dispute that the claim made by the appellant in the application form was not supported by the requisite document. The contention that the appellant ought to have been treated as a Backward Class candidate irrespective of the contrary information given by him in the application has rightly been rejected by the learned single Judge.

6. No case for interference is made out.

7. Appeal is dismissed in limine.

Click Here to Read the rest of this document